Yuridika
Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022

Israeli Territorial Annexation in Occupied Palestinian Territory: The Ambivalence of International Law

Joni Aasi (An-Najah National University)



Article Info

Publish Date
01 Sep 2022

Abstract

The enactment of Israeli policy on the occupied Palestinian territory has shown the development of the annexation of Israel—from the “de facto” annexation, which seized and occupied the Palestinian territory, to “de jure” annexation by enacting legislations. The dispute between these two entities arises the question of the role of international law, including the position of international law in protecting the right to self-determination and sovereignty of the annexed Palestinian territory. Hence, it is crucial to understand the Israeli practice in the matter of territorial annexation to picture the legal framework provided under international law regarding such issue, within the historical and legal context of the Palestinian case. This research argues that the international law is ambivalent. While many United Nations resolutions and legal scholars, including the advisory opinion of the International Court of Justice, have concluded the wrongfulness of the annexation of the Palestinian territory, the recognitions of other states and the difficulty in requesting state responsibility disable the access of Palestinians to justice. As such, it is necessary to focus on the tools provided by the international criminal law to prosecute war criminals and perpetrators of crimes against humanity against the Palestinian people from the Israeli political and military elites.

Copyrights © 2022






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...